MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix of complaint in brief is that, the Complainant had purchased a Mobile set Make Gionee M-3 bearing IMEI No.865901027188815 & 865901027688814 on dated 15/03/2015 from OP.No-01 by paying an amount of Rs.12,500/-. After purchase of just six months the said mobile hand set shows hang, own switch on/off, overheating battery etc. The complainant approached the Service center i.e. OP.no.2 and requested to redeem the set, who updating its software tried to mend the set but subsequently the set appears the same troubles as it was in previous. The complainant several times approached the OP.2 and finally on dt.08.02.2016 she approached the OP.no.2 who again repaired the set but did not issued any Job card to that effect. But on the same day the complainant received three messages from the Customer Care of OP. Company with a Regd. complaint no.GC16200035955 dt.08.02.15 at 03 different times i.e. at 05.43 p.m, at 07.03 p.m and at 07.13 p.m. but the OP.2 could not rectify the defects and told that the set has some inherent defect hence he advise to contact the company i.e. OP.3, as thus the complainant contact the OP.no.3 for several times vides their toll free number i.e. 18002081166 but for no response. The complainant leaving at remote village area and being a student studying her education through mobile internet but she refrained from the same hence she inflicted losses in education and valuable times due to the substandard set of Company. Despite approaches, the OP.s highhandedly abstained to render service to the complainant which amounts to deficiency in service under the Act.
Hence the complainant craves the leave of the Hon’ble forum with an affidavit. Due to such illegal action of the OP.s., the Complainant inflicted great humility, financial hardship and mental agony. So she prays to direct the OP.s to pay the price of the said handset as mentioned above along with a punitive cost of Rs.40,000/- as compensation and Rs.5,000/- towards cost of the litigation for such negligent and deficiency in service on the part of the OP.s and any other relief as the Hon’ble forum deem fit and proper in the interest of justice.
2. On the other hand the OP.s neither appeared nor file any counter in spite several chances given for above three months of it’s admission. Hence the OP.s set ex parte as contemplated in Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed cash invoice of the alleged mobile, service job sheet along with warranty card of the set. The complainant heard the case at length, perused the record and submissions considered.
3. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
4. From the above submissions, it is found that the complainant has procured the mobile set on dt.15.03.2015 by paying huge amount of Rs.12,500/- with a hope of better features and the same became defect with in valid warranty period. Hence being aggrieved the complainant approached the OP.s for necessary repair, but the OP.s neither mend the set nor replaced with a new one despite of several requests. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.s failed to provide service to the complainant within warranty period. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence under compulsion she filed the instant case and prayed for compensation.
5. From the above discussions and perusing the submissions by the complainant, we have carefully examined the alleged mobile set and found defects. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any actions to settle the matter of complainant and there is nothing to disbelieve the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the action of OP is illegal and unfair which amounts to deficiency in service and hence they found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for relief. Further it is seen from some mobile cases pending/disposed in the file of this forum that, the OP.no.2 being the authorized service provider of Gionee care is failed to provide satisfactory service to the customers, and for such malfeasance action, complaints of mobile increasing day by day against the OP Companies, hence an award of exemplary damages can serve the useful purpose in vindicating the strength of law.
6. Provisions of C.P.Act 1986 for grant of compensation are a species developed from the law of Torts, price factor in calculating the damage for any loss in tort is subsidiary, the prime factor to consider is mental agony, harassment & negative social impact. An exemplary damage, should serve the purpose of hindering these absecue and unscrupulous traders continuing such unfair trade practices duping innocent customers. However we allow the complaint, with cost against the OP. 3.
O R D E R
i. The opposite party no.3 supra is hereby directed to pay the price of the set Rs.12,500/- (Rupees Twelve thousand & five hundred) only inter alia, to pay Rs.20,000/-(Twenty thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant, for such deceptive practices, deficiency in service and willful negligence.
iii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will carry 12% interest per annum till its realization. Pronounced on 16th day of May' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
Memo No_______________ Dtd…………………………
Copy to the parties concerned.
PRESIDENT, DCDRF,
NABARANGPUR.
